Chief Counsel's Office

The primary mission of the OCC's Law Department is to provide high quality and timely work efficiently and effectively in support of the agency's goals and strategic objectives, including the following:

Responsibilities include the following:

Provide legal analyses and interpretations, consistent with law and regulation, that support a safe and sound, vibrant, and diverse system of national banks and federal savings associations; and that encourage responsible innovation in the banking industry to meet the needs of consumers, businesses and communities.

Provide legal support for administrative actions to enforce compliance with applicable laws and regulations and safe and sound practices by national banks, federal savings associations, and institution-affiliated parties, as necessary.

Provide legal advice on the application of consumer laws and regulations to ensure that consumers have fair access to financial services and are treated fairly.

Provide legal counsel and support on a broad range of federal laws that apply to national banks' and federal savings associations' capital markets and trust/fiduciary activities.

Provide drafting support and legal advice with respect to OCC rulemakings.

Provide legal advice on international banking issues and prepare cross-border agreements to support collaboration with international regulators on the identification of systemic risk and the efficient supervision of financial systems.

Represent the Comptroller of the Currency in litigation involving OCC's decisions and operations, the National Bank Act, and the Home Owners Loan Act.

Provide legal support for timely and sound decisions on corporate applications in support of a vibrant, diverse, and innovative system of national banks and federal savings associations.

Sub-Organizations

Serves as the OCC's counsel on a variety of matters affecting the administration of the Agency's business:

Provides counsel to the OCC's Office of Management regarding procurement matters (including bid protests), lease negotiations and lease terms for offices across the United States, and financial matters, including federal tax law and federal travel regulations;

Provides counsel to OCC managers on employment law, labor relations law and collective bargaining issues; represents the OCC at labor arbitrations and at administrative proceedings before the Federal Labor Relations Authority;

Provides guidance to the Chief Counsel in administering the OCC ethics program.

Administrative and Internal Law

(202) 649-5560

David Kane

Director

Patricia Grady

Assistant Director

Bank AdvisoryShow

The Bank Advisory group:

Serves as the OCC's counsel on a broad range of activities and corporate structures of national banks, federal savings associations and federal branches and agencies:

Advises licensing on matters including charters, mergers and acquisitions, changes in control, operating and financial subsidiaries, and non-controlling investments in other entities;

Provides counsel relating to the ongoing activities of national banks and federal savings associations that could present operational risks affecting their safety and soundness, including electronic banking, third-party service providers, lending limits, affiliate transactions, and real estate and leasing activities;

Provides legal support with respect to problem bank and resolution matters in both domestic and cross-border contexts, including receiverships, conservatorships, and voluntary liquidations; and

Coordinates with other federal financial agencies, including the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Federal Financial Institutions Examination Council, and the Financial Stability and Oversight Council on resolution issues.

Serves as the OCC's counsel on a wide range of consumer-related issues:

Advises the OCC's supervisory, compliance, licensing, enforcement, community affairs, and customer complaint resolution units regarding consumer protection, fair lending, and community development and Community Reinvestment Act matters, as they apply to national banks and federal savings associations;

Advises other groups within the Law Department and lines of business regarding fair access to bank services, bank community development powers and community reinvestment activities; and

Collaborates internally with OCC lines of business and externally with the Consumer Financial Protection Bureau, the other federal banking agencies, and other responsible governmental agencies regarding the development, implementation, and consistent application of consumer-related regulations and policy guidance.

Serves as the OCC's counsel on legislative and regulatory matters:

Develops and drafts the OCC's regulations and provides legal counsel for the agency's compliance with the various federal statutes and, where applicable, executive orders that govern the rulemaking process;

Monitors pending legislation of significance to national banks, federal savings associations, or the OCC, and provides legal support for the agency's legislative work;

Provides legal advice on international banking issues relating to foreign banks' federal branches or agencies in the United States and the foreign operations of national banks and federal savings associations;

Refers criminal acts involving institution-affiliated parties to the U.S. Department of Justice (DOJ); and

Coordinates with DOJ, the federal banking agencies, and other regulatory agencies, including the Financial Crimes Enforcement Network, the U.S. Securities and Exchange Commission, and the Consumer Financial Protection Bureau on law enforcement efforts involving national banks and federal savings associations.

The Licensing Division is responsible for ensuring that the corporate structure of national banks and federal savings associations is established and maintained in accordance with the principles of a safe and sound banking system. In this role, Licensing receives, analyzes, and decides filings to establish, change the structure of, or change the activities performed by national banks, federal savings associations, and federal branches and agencies. Licensing works closely with the agency’s supervisory and legal divisions to render independent decisions, supported by a strong record of facts and in compliance with applicable laws and regulations. Filings, other submissions, or questions should be addressed to the appropriate OCC licensing office.